Womack v. Perry

Filing 25

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JEROME WOMACK, 12 Plaintiff, 13 14 No. 2:15-cv-1858 JAM DB P v. FINDINGS & RECOMMENDATIONS WARDEN PERRY, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 action under 42 U.S.C. § 1983. By order filed November 10, 2015, plaintiff’s complaint was 19 dismissed and thirty days leave to file an amended complaint was granted. (ECF No. 9.) After 20 plaintiff filed several documents, including an amended complaint, on March 11, 2016, the court 21 dismissed the amended complaint and plaintiff was again granted thirty days in which to file a 22 second amended complaint. (ECF No. 16.) Plaintiff filed a second amended complaint, which 23 was also dismissed. (ECF No. 24.) In the order filed September 28, 2017, the court gave plaintiff 24 thirty days to file a third amended complaint. Plaintiff was advised that his failure to file a third 25 amended complaint would result in a recommendation that this action be dismissed. Those thirty 26 days have now expired, and plaintiff has not filed an amended complaint or otherwise responded 27 to the court’s order. 28 //// 1 1 2 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 Dated: November 13, 2017 11 12 13 14 15 16 DLB:9 DB/prisoner-civil rights/woma1858.fta.ext 17 18 19 20 21 22 23 24 25 26 27 28 2

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